Potlike drug K-2, or 'Spice,' now illegal

DOVER — A substance similar to marijuana is now illegal in New Hampshire, but its new classification as a Schedule 1 drug carries harsher legal consequences for possession and selling.

By JENNIFER KEEFE

DOVER — A substance similar to marijuana is now illegal in New Hampshire, but its new classification as a Schedule 1 drug carries harsher legal consequences for possession and selling.

The federal Drug Enforcement Administration classified the ingredients of K-2, or "Spice," as a Schedule 1 drug on March 1. As New Hampshire's statute is tied to such federal designations, the state added K-2 Spice to the New Hampshire Controlled Drug Act as a Schedule 1 drug on March 31.

The main ingredient in the drug is synthetic cannabinoids. K-2 Spice is a mixture of herbs and spices that is typically sprayed with a synthetic compound chemical similar to THC, the psychoactive ingredients in marijuana, according to the Drug Enforcement Agency website.

The sprayed compound is made up of five specific chemicals, which have now all been placed in the Schedule 1 drug category.

Karin Eckel, assistant attorney general at the Department of Justice, said there are "many more" than five chemicals in existence but those in the Schedule 1 drug category are those found to be most detrimental.

She said before the change in federal law, K-2 Spice had come to the attention of state Rep. Susan Emerson, R-Rindge, who had filed a bill for the current term that would have done essentially the same thing the change in federal law accomplished by placing those five cannabinoids in the Schedule 1 drug category.

According to Ann Rice, associate commissioner for the state's Criminal Justice Bureau, the penalty for possession of K2 Spice with intent to sell is 10 to 20 years in prison for one ounce or more, and 31⁄2 to 7 years in prison possession with intent to sell less than one ounce, a Class B felony.

The penalties for marijuana, in comparison, are 10 to 20 years in prison for possession with intent to sell 5 pounds or more, 31⁄2 to 7 years in prison for possession with intent to sell one ounce or more but less than 5 pounds, and 11⁄2 to 3 years for possession with intent to sell less than one ounce.

Portsmouth police warned Monday that given the recent availability of K-2 Spice at local merchants and on the Internet, it may still be circulating; however, local merchants have complied with the state law and stopped its sale.

Eckel said K-2 Spice had a presence in the state before its Schedule 1 classification and even with the new laws, the department must remain vigilant about other like substances.

"Our lab is seeing increased submissions of these designer-type drugs," said Eckel. "They're out there. They were being sold in New Hampshire and school officials were aware of them."